It exclusively depends on the situation. For instance, if somebody is pulled over with a DUI, as soon as the police officer pulls you over, let them know that you’d like to call an attorney and ask their permission to do so. It is important to contact as soon as possible while still at the scene. If CPS comes to your door and requests an interview, you should call me immediately before speaking. The rule of thumb is straightforward; as soon as you can, contact me, and we can walk you through the process. I can advise you from a third-person perspective about what’s best for your rights, what the future holds, and then how best to handle that particular situation.
What Is The Advantage To Hiring A Criminal Defense Attorney As Early As Possible In A Criminal Case Or Investigation By Law Enforcement Or CPS?
Criminal cases move especially quickly. Arizona has a set of rules called the Arizona Rules of Criminal Procedure, which set forth the timeline. If a person waits too long, they have essentially waived their ability to challenge certain aspects in the police investigation. I’m sure people don’t know that they have an opportunity to call witnesses at that preliminary hearing if a case goes in that direction. If you wait too long, you have waived your right to call witnesses, cross-examine witnesses, or bring in evidence.
If a person waits too long, they waive their right to challenge the grand jury to try to get the case kicked out of criminal court before it even goes to trial. Most importantly, they potentially waive their right to an early plea agreement. Maricopa County is typically the best and most advantageous time to take a plea if a person is guilty of a particular crime. The timelines come very quickly, and the judges are rigorous on the timelines because the rules are clear.
What Can You Do For Me At Each Stage Of My Case As My Criminal Defense Attorney?
In Arizona, a criminal charge can be brought through two different methods. One is through a grand jury, and one is through a criminal complaint or an indictment. Those things can be challenged initially, and one of the things that we can do at my firm is to get a copy of the grand jury transcript and find out what occurred. If the case comes to a criminal complaint, we can immediately ask for a preliminary hearing. Now, I know I’m going back a little way, but one of the things that assisted the defense in the OJ Simpson case is that they could challenge the prosecution’s case at the preliminary hearing. The state is required to prove, by a preponderance of the evidence, that there is probable cause for the criminal charges.
They decided to challenge the case both at the preliminary hearing and then. Still, they were able to get a preview of the entire case at that preliminary hearing, and that’s something that we can and will do at this particular firm. After the preliminary hearing, the discovery is conducted. We have our opportunity to speak to you and hire expert witnesses, depending on what type of case we are dealing with. If it’s a DUI, we can talk to a forensic toxicologist, for instance, who will look at the blood alcohol content and how the tests were conducted. If it’s a case of violence, like an aggravated assault, we can speak to uses of force experts or blood spatter experts.
We also have the opportunity to interview every single one of the prosecution’s witnesses. I see the significant separation between excellent criminal defense attorneys and mediocre criminal defense attorneys when they start speaking with the prosecution’s witnesses. I talk to the prosecution’s witnesses as early as possible because they have less time for preparation and understand what the prosecution’s theory of the case is, which gives us an ability to strategize the defense. Those are probably some of the essential points regarding those steps and stages of each particular case.
For more information on Contacting & Hiring A Criminal Defense Attorney, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (480) 637-0240 today.